1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On March 23, 2012, the Defendant completed registration of initial ownership relating to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. Around September 2013, the Plaintiff drafted a sales contract (hereinafter “instant sales contract”) stating that the Plaintiff purchased the instant real estate from the Defendant from the Defendant to purchase the sale price of KRW 575,791,00 (including value-added tax of KRW 33,460,636).

C. On September 9, 2013, the Defendant completed the registration of ownership transfer on the instant real estate to the Plaintiff on September 9, 2013.

The establishment registration of a neighboring mortgage (hereinafter “the establishment registration of a neighboring mortgage of this case”) was completed on September 9, 2013, with respect to the instant real estate as the Suwon District Court’s Yangyeong-si registry office, No. 38748, Sept. 9, 2013, with the effect that the establishment registration of a neighboring mortgage of this case was completed on September 9, 2013, with the content that the contract was concluded, the maximum debt amount was KRW 149,70

Around that time, the Plaintiff stated that “the Plaintiff shall borrow money from the Defendant, and establish a collateral on the apartment house B (hereinafter “the apartment house of this case”) in Gyeonggi-gun, Yangyang-gun,” and the amount column was signed and sealed on the loan deposit certificate in blank (hereinafter “the loan certificate of this case”), and issued it to the Defendant.

Since then, the defendant stated 115,158,200 won in the amount column of the loan certificate of this case.

E. Around that time, the Plaintiff signed and sealed a written contract establishing the right to collateral security (hereinafter “instant contract establishing the right to collateral security”) stating that “the Plaintiff establishes the right to collateral security to secure the Defendant’s obligation,” and delivered it to the Defendant.

Since then, the Defendant stated each of the instant real estate in the column for maximum debt amount, KRW 149,705,660, and the column for real estate.

[Reasons for Recognition] Facts without dispute, Gap evidence 3, 4, Gap evidence 7-1, Gap evidence 9-1, 2, Eul evidence 4 and 5.